My phone has not stopped ringing with clients who have received a ton of advertising about how this “new OSHA rule will impact you.” Some of this literature is just disgusting in how it misleads an unsuspecting manager who wants to do the right thing. But as I began to research some of these claims, I did take notice that this new CS standard for construction can be a glimpse into OSHA’s 2nd attempt at writing a CS standard, and some of the new definitions and requirements should be included in our general industry program(s).
Let’s look at some of these requirements:
New definitions that do not appear in 1910.146 but do appear in 1926.1202
Control means the action taken to reduce the level of any hazard inside a confined space using engineering methods (for example, by ventilation), and then using these methods to maintain the reduced hazard level. Control also refers to the engineering methods used for this purpose. Personal protective equipment is not a control.
1910.146 does not define “control,” but the word has HUGE implications when deciding how a space will be entered. 1910.146(c)(5) is an entry method when the employer can demonstrate that forced air ventilation can “control” the hazardous atmosphere. 1910.146(c)(7) is another method of entry, but this method requires the ELIMINATION of the non-atmospheric hazard(s) in the space BEFORE it can be reclassified. OSHA has several documents that have called out the difference between “control” and “elimination,” but neither is defined in the actual standard 1910.146.
Entry means the action by which any part of a person passes through an opening into a permit-required confined space. Entry includes ensuing work activities in that space and is considered to have occurred as soon as any part of the entrant’s body breaks the plane of an opening into the space, whether or not such action is intentional or any work activities are actually performed in the space.
OSHA needed to add “whether or not such action is intentional or any work activities are actually performed in the space” to the new “entry” definition. It does clarify that even an “unintentional” entry is an entry into the PRCS.
Entry rescue occurs when a rescue service enters a permit space to rescue one or more employees.
Non-entry rescue occurs when a rescue service, usually the attendant, retrieves employees in a permit space without entering the permit space.
Most would ask why OSHA needed to define two obvious terms…
BOTH standards REQUIRE non-entry rescue on ALL entries into a PRCS unless the system is ineffective or presents a hazard to the entrants. But it is a REQUIREMENT and differs immensely from “entry style” rescue. (NOTE: see the difference in rescue requirements below).
Isolate or isolation means the process by which employees in a confined space are completely protected against the release of energy and material into the space, and contact with a physical hazard, by such means as: blanking or blinding; misaligning or removing sections of lines, pipes, or ducts; a double block and bleed system; lockout or tagout of all sources of energy; blocking or disconnecting all mechanical linkages; or placement of barriers to eliminate the potential for employee contact with a physical hazard.
Here is the definition from 1910.146
“Isolation” means the process by which a permit space is removed from service and completely protected against the release of energy and material into the space by such means as: blanking or blinding; misaligning or removing sections of lines, pipes, or ducts; a double block and bleed system; lockout or tagout of all sources of energy; or blocking or disconnecting all mechanical linkages.
OSHA really expanded this definition, and in many ways, it is very helpful, but one small difference really changes the meaning. In 1910.146, isolation is defined in terms of PRCS, and in this new definition, OSHA refers to a “Confined Space,” which is a HUGE difference (CS vs. PRCS). Not sure it means anything, though.
Limited or restricted means for entry or exit means a condition that has a potential to impede an employee’s movement into or out of a confined space. Such conditions include, but are not limited to, trip hazards, poor illumination, slippery floors, inclining surfaces and ladders.
By far my FAVORITE new definition, and oh how I wish OSHA would have included this in 1910.146. They have written about this phrase in several documents, but having it so well defined in the standard makes it so clear! Take note that “ladder” access is a “restricted means”!!!! The same applies to PRCS in general industry facilities!
Non-permit confined space means a confined space that meets the definition of a confined space but does not meet the requirements for a permit-required confined space, as defined in this subpart.
The second time is the charm! The definition in 1910.146 refers to “atmospheric hazards.” It is confusing… “means a confined space that does not contain or, with respect to atmospheric hazards, have the potential to contain any hazard capable of causing death or serious physical harm.”
Physical hazard means an existing or potential hazard that can cause death or serious physical damage. Examples include, but are not limited to: explosives (as defined by paragraph (n) of §1926.914, definition of “explosive”); mechanical, electrical, hydraulic and pneumatic energy; radiation; temperature extremes; engulfment; noise; and inwardly converging surfaces. Physical hazard also includes chemicals that can cause death or serious physical damage through skin or eye contact (rather than through inhalation).
A new and welcomed definition for “physical hazard”.
Prohibited condition means any condition in a permit space that is not allowed by the permit during the period when entry is authorized. A hazardous atmosphere is a prohibited condition unless the employer can demonstrate that personal protective equipment (PPE) will provide effective protection for each employee in the permit space and provides the appropriate PPE to each employee.
A new and welcomed definition for “prohibited condition”.
Competent person means one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has the authorization to take prompt corrective measures to eliminate them.
Qualified person means one who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his ability to solve or resolve problems relating to the subject matter, the work, or the project.
OH MY, thank you, OSHA for including this! This entire standard, as well as 1910.146, is ONLY as good as the person who is responsible for implementing and managing the program. It ALL starts with the CS Evaluations and when an unqualified person does these, the program does not even have a chance to work!
Representative permit space means a mock-up of a confined space that has entrance openings that are similar to, and is of similar size, configuration, and accessibility to, the permit space that authorized entrants enter.
A new and welcomed definition!!! This comes into play in the “rescue” provisions for the annual mock rescue (also found in 1910.146(k)(2)(iv)).
Serious physical damage means an impairment or illness in which a body part is made functionally useless or is substantially reduced in efficiency. Such impairment or illness may be permanent or temporary and includes, but is not limited to, loss of consciousness, disorientation, or other immediate and substantial reduction in mental efficiency. Injuries involving such impairment would usually require treatment by a physician or other licensed health-care professional.
An interesting new definition.
Ventilate or ventilation means controlling a hazardous atmosphere using continuous forced-air mechanical systems that meet the requirements of §1926.57—Ventilation.
A new and welcomed definition!!! We see way too much INEFFECTIVE attempts to ventilate spaces using negative type ventilation so I was pleased to see OSHA define this as “forced-air mechanical” style ventilation.
Entry requirements as compared to 1910.146
#1
The site CS Evaluation must be done BEFORE work begins at the construction site by a “competent person.” Some in the general industry believe there is no requirement to do “CS Evaluation(s)” if there is no intent to enter the space. I have no idea how this crazy belief began, but it is so WRONG, and in this new Construction std OSHA has made it clear the CS Evaluation must be done as the foundation to the entire program!
1926.1203 General requirements.
(a) Before it begins work at a worksite, each employer must ensure that a competent person identifies all confined spaces in which one or more of the employees it directs may work, and identifies each space that is a permit space, through consideration and evaluation of the elements of that space, including testing as necessary.
#2
The alternative entry method 1926.1203(e)(2)(vi) requires the atmosphere in the space to be CONTINUOUSLY monitored vs. “periodically tested as necessary” as required in 1910.146(c)(5). OSHA did give an “out” for when “the entry employer can demonstrate that equipment for continuous monitoring is not commercially available or periodic monitoring is sufficient.”
(vi) The atmosphere within the space must be continuously monitored unless the entry employer can demonstrate that equipment for continuous monitoring is not commercially available or periodic monitoring is sufficient…
#3
Reclassification of a PRCS is done “when a competent person determines that all of the applicable requirements” have been met, which is more specific than 1910.146(c)(7) which makes no mention as to who can reclassify a PRCS.
(g) A space classified by an employer as a permit-required confined space may only be reclassified as a non-permit confined space when a competent person determines that all of the applicable requirements in paragraphs §1926.1203(g)(1) through (g)(4) have been met:
#4
A new requirement for flammable atmosphere(s)…
Note to paragraph §1204(c)(4). When an employer is unable to reduce the atmosphere below 10 percent LFL, the employer may ONLY enter if the employer inerts the space so as to render the entire atmosphere in the space non-combustible, and the employees use PPE to address any other atmospheric hazards (such as oxygen deficiency), and the employer eliminates or isolates all physical hazards in the space.
This is a well-deserved departure from 1910.146 as it makes it clear about working in flammable atmospheres! However, working in an “inert atmosphere” is VERY TRICKY and RISKY in itself. In fact, to be considered inert, the O2 level has to be BELOW the Limiting Oxygen Concentration (LOC) of the flammable vapor/gas in the space. Not many know how to manage the LOC, and entry into this atmosphere would be one in which the RESCUE TEAM would need to be prepared and positioned just outside the entry portal (e.g., this will be an IDLH atmosphere because the Oxygen levels will be well below 19.5%).
#5
A new requirement that makes perfect sense!
(5) Determining that, in the event the ventilation system stops working, the monitoring procedures will detect an increase in atmospheric hazard levels in sufficient time for the entrants to safely exit the permit space;
#6
The construction standards have their own illumination standard, and it applies to work inside PRCS (1926.56) as required by (d)(5).
#7
The construction standard has a baseline that requires entry conditions to be continuously monitored vs. “test or monitor the permit space as necessary,” as stated in 1910.146.
(e)(1)(ii) If entry is authorized, continuously monitor entry conditions in the areas where authorized entrants are working, except that employers may use periodic monitoring in accordance with paragraph §1926.1204(e)(2) for monitoring an atmospheric hazard if they can demonstrate that equipment for continuously monitoring that hazard is not commercially available;
#8
A new requirement for engulfment hazards not seen in 1910.146
(e)(1)(ii) Provide an early-warning system that continuously monitors for non-isolated engulfment hazards. The system must alert authorized entrants and attendants in sufficient time for the authorized entrants to safely exit the space.
#9
The construction PRCS standard makes it CLEAR that BOTH non-entry and entry-style rescue are part of the entry plan.
(i) Develop and implement procedures for summoning rescue and emergency services (including procedures for summoning emergency assistance in the event of a failed non-entry rescue), for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue)
#10
The construction PRCS standard has an additional “program review” requirement on top of the annual review using canceled permits from the year.
(m) Review entry operations when the measures taken under the permit space program may not protect employees and revise the program to correct deficiencies found to exist before subsequent entries are authorized; and
Note to paragraph §1926.1204(m). Examples of circumstances requiring the review of the permit space program include, but are not limited to: any unauthorized entry of a permit space, the detection of a permit space hazard not covered by the permit, the detection of a condition prohibited by the permit, the occurrence of an injury or near-miss during entry, a change in the use or configuration of a permit space, and employee complaints about the effectiveness of the program.
#11
The construction PRCS standard has an additional requirement:
(e) Means of detecting an increase in atmospheric hazard levels in the event the ventilation system stops working;
#12
The construction PRCS standard has listed some specific items to be trained on…
1926.1207 Training.
(a)The employer must provide training to each employee whose work is regulated by this standard, at no cost to the employee, and ensure that the employee possesses the understanding, knowledge, and skills necessary for the safe performance of the `duties assigned under this standard. This training must result in an understanding of the hazards in the permit space and the methods used to isolate, control or in other ways protect employees from these hazards, and for those employees not authorized to perform entry rescues, in the dangers of attempting such rescues.
#13
The construction PRCS standard has listed some specific requirements for the training, not found in 1910.146
(b) Training required by this section must be provided to each affected employee:
(1) In both a language and vocabulary that the employee can understand;
PLEASE NOTE this has been a longstanding position of OSHA’s and even though it is not spelled out in 1910.146, this same expectation applies to general industry employers. OSHA just spelled it out in the new construction standard.
#14
The construction PRCS standard rescue requirement addresses the flaw when using an off-site rescue service such as the local FD!!! Take note of (iii) below – the rescue service “agrees to notify the employer immediately in the event that the rescue service becomes unavailable”
(3) Select a rescue team or service from those evaluated that:
(i)Has the capability to reach the victim(s) within a time frame that is appropriate for the permit space hazard(s) identified;
(ii)Is equipped for, and proficient in, performing the needed rescue services;
(iii) Agrees to notify the employer immediately in the event that the rescue service becomes unavailable;
#15
The construction PRCS standard rescue requirement has an added sentence to make clear…
The employer must designate an entry rescue service whenever non-entry rescue is not selected.
and also…
Whenever non-entry rescue is selected, the entry employer must ensure that retrieval systems or methods are used whenever an authorized entrant enters a permit space, and must confirm, prior to entry, that emergency assistance would be available in the event that non-entry rescue fails.
#16
The construction PRCS standard rescue requirement has an added requirement for rescue equipment…
(3) Equipment that is unsuitable for retrieval must not be used, including, but not limited to, retrieval lines that have a reasonable probability of becoming entangled with the retrieval lines used by other authorized entrants, or retrieval lines that will not work due to the internal configuration of the permit space.
Sources:
https://www.osha.gov/confinedspaces/1926_subpart_aa.pdf
and
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9797
